IN THE CASE OF:
BOARD DATE: 13 January 2009
DOCKET NUMBER: AR20080014549
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his record be corrected to show all of the awards he received and his rank corrected to staff sergeant (E-6).
2. The applicant states, in effect, that he was awarded two Hazardous Service Medals (sic), two Silver Stars, Korean Campaign Medal (sic), Distinguished Service Medal, Good Conduct Medal, the National Defense Service Medal, and the Master Parachutist Badge. He recently requested a copy of his records and discovered that most of his records were missing. His record was destroyed in the National Personnel Records Center Fire in 1973.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a Privacy Act release for a Congressman.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the records were lost or destroyed in that fire. However, there is sufficient information for the Board to conduct a fair and impartial review of this case.
3. The applicant served briefly in the Kansas Army National Guard. He had just turned 18 years of age when he enlisted in the Regular Army, on 30 June 1954. He reenlisted on 11 August 1955 and served in Germany.
4. Block 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the National Defense Service Medal and the Army of Occupation Medal with "Germany" Clasp.
5. On 22 January 1959 the applicant was released from active duty with an honorable characterization of service and transferred to the United States Army Reserve as a private first class (pay grade E-3). He had served a total of 4 years, 1 month, and 11 days of active duty, including 1 year, 10 months, and 28 days of foreign service. He also had acquired 165 days lost time.
6. Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal. In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. The last designated campaign period, the Korean Summer 1953, extended from 1 May to 27 July 1953, the date the armistice was signed.
7. Army Regulation 600-8-22 does not list a "Hazardous Service Medal."
DISCUSSION AND CONCLUSIONS:
1. The applicant states that he was awarded several personal decorations and other awards for service in Korea.
2. There is no available evidence to substantiate the applicant's assertions that he served in Korea and received numerous personal decorations.
3. Regular hostilities in Korea ended 11 months before the applicant entered active duty and the final campaign period ended within a month of his enlistment into the Regular Army at age 18.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ___X DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080014549
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ABCMR Record of Proceedings (cont) AR20080014549
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